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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012

Posted on May 8, 2018 by ShadesOfKnife

This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.

The grounds on which quash is done are

  1. No territorial jurisdiction
  2. No specific allegations on accused
  3. No justification for delay of 7 years in filing complaint

 

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

Indiankanoon.org link: https://indiankanoon.org/doc/125470413/

Citations: [(2012) 10 SCC 741]


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Delay or Unexplained Delay In Filing Complaint DP Act 3 - Not Made Out DP Act 4 - Not Made Out Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 506 - Not Made Out Landmark Case Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Reportable Judgement or Order | Leave a comment

Banti And Others vs State Of U.P. And Another on 31 August, 2012

Posted on May 5, 2018 by ShadesOfKnife

This is a interesting judgment from Allahabad High court where the Hon’ble Judge has, in detail, elaborated the procedure of application of discharge and various allied aspects such as CrPC 239, CrPC 244, CrPC 245 and CrPC 246.

 

Banti And Others vs State Of U.P. And Another on 31 August, 2012

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 239 - When accused shall be discharged CrPC 244 - Evidence for Prosecution CrPC 245 - When accused shall be discharged CrPC 246 - Procedure where accused is not discharged CrPC 482 – FIR Quashed IPC 498a - Not Made Out Legal Procedure Explained - Interpretation of Statutes | Leave a comment

CrPC 179 – Offence triable where act is done or consequence ensues

Posted on May 5, 2018 by ShadesOfKnife

179. Offence triable where act is done or consequence ensues.

When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues | Leave a comment

CrPC 177 – Ordinary place of inquiry and trial

Posted on May 5, 2018 by ShadesOfKnife

177. Ordinary place of inquiry and trial.

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 177 - Ordinary Place of Inquiry and Trial | Leave a comment

Article 142 of The Constitution Of India

Posted on May 5, 2018 by ShadesOfKnife

142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
Posted in The Constitution Of India | Tagged Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc | Leave a comment

CrPC 178 – Place of inquiry or trial

Posted on May 5, 2018 by ShadesOfKnife

178. Place of inquiry or trial.

(a) When it is uncertain in which of several local areas an offence was committed, or

(b) where an offence is committed, partly in one local area and partly in another, or

(c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 178 - Place of Inquiry or Trial | Leave a comment

Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014

Posted on May 5, 2018 by ShadesOfKnife

This judgment declares a criminal case of filed at a wrong jurisdiction and permits transfer of case to another court with proper jurisdiction to proceed with case.

One piece of valuable information is

We find that the offence of cruelty cannot be said to be a continuing one as contemplated by Sections 178 and 179 of the Code. We do not agree with the High Court that in this case the mental cruelty inflicted upon the respondent no. 2 “continued unabated” on account of no effort having been made by the appellants to take her back to her matrimonial home, and the threats given by the appellants over the telephone. It might be noted incidentally that the High Court does not make reference to any particular piece of evidence regarding the threats said to have been given by the appellants over the telephone.

One thing to note is the judge is directing to effectively transfer case on court with proper jurisdiction.

However, we consider it appropriate, in the interest of justice to permit the Court at Ambikapur to proceed with the trial of Criminal Case arising out of F.I.R. No. 798 of 2005 dated 31.12.2005, in exercise of powers conferred on this Court by Article 142 of the Constitution of India.

Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014

The high court judgment which was appealed over in this SC judgment is here.

Another such previous wonderful judgment is available here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others No Territorial Jurisdiction No Territorial Jurisdiction Applies Due To Telephone Call Not Continuing Offence Transfer of Criminal Case | Leave a comment

Manish Ratan And Others Vs State Of M.P And Another on 01 Nov 2006

Posted on May 5, 2018 by ShadesOfKnife

This is one of the judgments wherein a criminal case filed at wrong jurisdiction is directed to be transferred to a court with proper jurisdiction!! Interesting !!

 

We, therefore, are of the opinion that, interest of justice would be subserved, while setting aside the order of the High Court, if in exercise of our jurisdiction under Article 142 of the Constitution of India, we direct transfer of the criminal case pending in the Court of Chief Judicial Magistrate, Datia to the Court of Chief Judicial Magistrate, Jabalpur. We accordingly do so.

Manish Ratan And Others v. State Of M.P And Another on 01 Nov 2006
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Manish Ratan And Others Vs State Of M.P And Another No Territorial Jurisdiction Not Continuing Offence Transfer of Criminal Case | Leave a comment

Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009

Posted on May 5, 2018 by ShadesOfKnife

Another landmark judgment from Justice Dr. Arijit Pasayat as part of a three-judge bench.

Intro

  1. Marriage took place on 25/11/1998
  2. Appellant No.1 left for USA on 1/7/1999
  3. Complaint was filed on 6/2/2000 under Sec.498A of the Indian Penal Code, 1860
  4. Charge-sheet was filed on 8/6/2000
  5. Divorce petition was filed by the complainant, which appears to have been granted ex parte on 12/7/2001
  6. Complainant – Sukanya has remarried on 24/8/2002

 

Legal points enumerated by their Lordships are

  1. No basis for making the allegations
  2. No explanation for the delayed lodging of the complaint was offered.
  3. Even a cursory perusal of the complaint shows that the case at hand falls within the category (7) of the illustrative parameters highlighted in Bhajan Lal’s case
    1. “Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

 

Sundar Babu & Ors vs State Of Tamil Nadu on 19 February, 2009

The reportable version of judgment is here.

Sundar_Babu_&_Ors_vs_State_Of_Tamil_Nadu_on_19_February,_2009

Citations : [2009 SCC 14 244], [2010 SCC CRI 1 1349], [2009 ECRN SC 2 1288], [2009 AIOL 261], [2009 JT 13 666], [2009 SCALE 5 1], [2009 SCR 3 326]

Other Sources :

https://indiankanoon.org/doc/1091787/

https://www.casemine.com/judgement/in/575fd328607dba63d7e6c4d8

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abuse Or Misuse of Process of Court CrPC 482 – FIR Quashed Delay or Unexplained Delay In Filing Complaint IPC 498a - Not Made Out Landmark Case Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass Quash Reportable Judgement or Order | Leave a comment

Rekha Devi Vs Mahesh Kumar on 16 January, 2018

Posted on May 4, 2018 by ShadesOfKnife

Patna High Court delivered this judgment based on the mental cruelty the Knife levelled on the husband.

A variety of instances to establish mental cruelty by Knife were vividly brought out in this case.

  1. Frivolous Allegation on Mother in Law of having illicit relations
  2. Trying to separate Son from his family
  3. Threatening to commit suicide, if demands are not met

Key points

In Para 6,

Appellant/wife levelled frivolous and bald allegation against his mother of having illicit relation with his Uncle. Mother of Respondent/husband felt very embarrassed, insulted and pained by such false and reckless allegation.

In Para 7,

On 16.06.1996 Respondent/husband and his mother went to the house of his in-laws where the mother of the husband tried to make her understand not to leave matrimonial home and if there is any problem she must tell family members and hearing this the Appellant/wife became so much furious that she pushed her Mother-in-Law and she fell down causing head injury. On this ungraceful act people surrounded there and asked Appellant/wife about such irratic behaviour and she told that unless and untill Respondent/husband separates him from his family, she won’t enter her matrimonial home otherwise she will set her ablaze.

In Para 8,

Respondent/husband’s family was so much pressurized by the Appellant/wife that there was disruption in the joint family of Respondent/husband and he was allotted a separate share in the joint family property and Respondent/husband had to reside in a single room away from his joint family. A happy joint family was ruined and separated by cruel conduct of Appellant/wife.

In Para 9,

Since the Appellant/wife is daughter of policeman she is a spoiled child, idiot and obstinate and respondent/husband found him self helpless in house of his inlaws and had to tolerate all sorts of insult and humiliation.

Paras 10, 11, 12, 13, 14, 15, 16, 17 and 18 clearly explain the cruel behavior of the Knife.

In Para 15,

After sometime Defendant/wife refused to cohabit with plaintiff and never permitted physical relation with her and failed to perform her marital obligation as wife and has withdrawn from society of her husband.

 

Rekha Kumari @ Rekha Devi vs Mahesh Kumar on 16 January, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Patna Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground HM Act Sec 13 - Divorce Granted to Husband Mental Cruelty Rekha Devi Vs Mahesh Kumar | Leave a comment

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